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What costs are involved in a first DUI case?
Question:
What costs are involved in a first DUI case?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Driving under the influence (DUI) carries heavy penalties no matter the jurisdiction. Most states have implemented the "per se" measure of an .08 percent blood alcohol content (BAC) to determine whether a driver is intoxicated. This means that even if you're not visibly intoxicated, you will still be charged with a DUI if your blood testing comes back at .08 percent or more. If you are under 21, some states will penalize you if your BAC is .05 or even less. The penalties of a first-time offense range from license suspension upon arrest, fines, jail time or in lieu of jail time, hours of community service. Additionally, insurance rates are usually hiked after a DUI conviction. If someone was injured in the accident, the driver may face felony criminal charges which may bring prolonged jail sentences. However, some states do allow alternative sentencing for minor first-time offenders, such as alcohol treatment and/or education programs that must be completed. Upon completion, their records may be expunged in some cases.
Following a DUI stop, you may expect the following:
Arrest and Jail. If an officer suspects you are driving drunk, he or she will pull you over and ask you to submit to a road sobriety test as well as a breath analyzer test to determine your BAC. In most states, you will be subject to immediate license suspension (for a year) if you fail to submit to testing. If you do submit and fail the road side testing, you will be arrested and charged with a DUI. In some states, you will be locked up for a mandatory minimum of hours or even days.
Court Appearance. You have the right to legal representation during your court appearance. An attorney may be able to find mitigating facts to help you avoid a jail sentence. If, for example, the breath analyzer equipment was faulty, your attorney may argue against the charges. The arresting officer will be questioned and give his or her account and you have the right to do the same. However, if the evidence is against you, your attorney may ask for a plea bargain. If you are a minor and the arrest is your first time, the attorney may request that you be allowed to participate in an alcohol education program or community service in lieu of jail time.
However, if you are given the standard penalties, you may have to pay hundreds of dollars in fines, still do community service (with additional charges to you), attend weekly DUI school for months (after which you may get your license reinstated) and submit to court-ordered probation for months or a few years. During probation, you must not drive with any alcohol or drugs in your system or you will face a second DUI charge.
Restricted License and Insurance. In some states you can request a restricted license a few weeks. A restricted license will allow you to travel back and forth from work or school, as well as any court-ordered program. Additionally, some jurisdictions require your insurance company to submit an SR-22 form to the Department of Motor Vehicles to prove that you are insured subsequent to your DUI conviction. Your insurance company can deny you further coverage or raise your premiums.
If you face DUI charges in your state, talk with an experienced attorney to further discuss DUI costs.
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